fotofx@xxxxxxxxxxxxx writes: > Really. So How do I prevent and undercut or freebie from another > photographer when I find out after the fact? Doesn't seem like you should have the power to control what another photographer does with his images, as a general thing. (Specific situations like carefully recreating an image of yours, yes, I do believe in copyright :-)). Any more than he has the power to control what you do with yours. > So If I gain access to your boxing matches shoot from same vantage > point as you with equal skills you won't mind if I follow you around > and give away my images to all of your clients. My guess? He'd mind, but doesn't really think he should have the inherent right to prevent you from doing it. It's a fairly expensive way for you to get in his face :-) > You are banking your statement on one image. (nice shot BTW). Give > aways are part of the job under certain circumstances. That is not a > concession but a fact. If you only have to compete with 5 or six > others that is not too bad. But sports have become so privitized > that they severely restrict access, the NBA and NASCAR are two that > force photographer to sign over all rights prior to allowing media > access. > But the markets I shoot in are up against TV and an influx of > amatures with cameras. Wedding photographers get undercut by each > other all the time. The example I usually give is the guy who has a > full time gig other than shooting and does some photography as a > hobby on weekends. He shoots weddings and gives away everything for > one low price and then brags how he is just as good as the > photographer who charges 2x more. Maybe those markets are going to go away. Nobody, not even me, has a guaranteed right to make a living in some particular way. If people don't want to pay for what I do, or if other people are able and willing to do it better and/or cheaper, I have no magic right to prevent them from doing so. > The magazine wannabees that will give away images so that they can > get a byline. They get the byline (at no cost to the magazine) and > the next photographer has to contend with that PE for a next to > nothing day rate and no space or rights room to negotiate Conde nast > comes to mind first. I have seen day rates against space rolll back > to pre 1980 prices!!! $350 per day, no space rate and we don't pay > for rights we want them all.... is the current mantra. Unless you > are a name photographer you are stuck, either do it or it's NEXT. > > In case you ahve not noticed gear and gas are not getting any cheaper. I think most of us agree on that. Although, gas prices adjusted for inflation aren't that bad at the moment. > So your image of the muy thai fighters got stolen and reprinted who > knows where. What is your plan to prevent that next time you have > the one in thousand shot? I'll point out that, in the case of that particular image, Jeff *sold* it to a client for web use. If something is used on the web, it *can* be ripped off. All you can do is what Jeff did -- find them, and try to get them to stop using it, perhaps using legal action if it looks feasible. > Here is my plan: > > 1. never take a bad deal even if it means walking away. > 2. never allow my images to be used outside of the agreement and usage first set up, without extra compensation. > 3. never work without a contract prior to starting work > 4. never give away work without some sort of compensation that will benefit my business. > 5. never allow any of your images to be used for commercial purposes I don't understand this, or don't see the point, one or the other. > 6 most importantly never return to do business with a publication or client once they have rejected you on a bid for work basis. If I understand right, that's really extreme. Never go back to a company that turns down a bid? > PE's get paid extra by the magazines if they are under budget on > buying images. Weston, Adams, and their contemporairies did not > have to compete like this. Yep, there's a market change going on, and that work is becoming worth less. Photography has never been an important part of my income. On the other hand, the software market has gone through some interesting realignments as well; luckily for me mostly at the bottom. -- David Dyer-Bennet, <mailto:dd-b@xxxxxxxx>, <http://www.dd-b.net/dd-b/> RKBA: <http://noguns-nomoney.com/> <http://www.dd-b.net/carry/> Pics: <http://dd-b.lighthunters.net/> <http://www.dd-b.net/dd-b/SnapshotAlbum/> Dragaera/Steven Brust: <http://dragaera.info/>
